Page:United States Statutes at Large Volume 102 Part 3.djvu/712

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2664

PUBLIC LAW 100-532—OCT. 25, 1988 "(A) The registrants of pesticides that contain an active ingredient that is listed under subparagraph (B), (C), or (D) of subsection (c)(2) and that is not an active ingredient of any pesticide registered for a major food or feed use shall collectively pay fees in amounts determined by the Administrator. Such fees may not be less than one-half of, nor greater than, the fees required by paragraphs (1) and (2). A registrant shall pay such fees at the times corresponding to the times fees prescribed by paragraphs (1) and (2) are to be paid. "(B) The registrants of pesticides that contain an active ingredient that is listed under subsection (c)(2)(A) and that is not an active ingredient of any pesticide that is registered for a major food or feed use shall collectively pay a fee of not more than $100,000 and not less than $50,000 at such time as the Administrator shall prescribe. "(4) REDUCTION OR WAIVER OF FEES FOR MINOR USE AND OTHER PESTICIDES.—

Agriculture and agricultural commodities.

Small business.

"(A) An active ingredient that is contained only in pesticides that are registered solely for agricultural or nonagricultural minor uses, or a pesticide the value or volume of use of which is small, shall be exempt from the fees prescribed by paragraph (3). "(B) An antimicrobial active ingredient, the production level of which does not exceed 1,000,000 pounds per year, shall be exempt from the fees prescribed by paragraph (3). For purposes of this subparagraph, the term 'antimicrobial active ingredient' means any active ingredient that is contained only in pesticides that are not registered for any food or feed use and that are— "(i) sanitizers intended to reduce the number of living bacteria or viable virus particles on inanimate surface or in water or air; "(ii) bacteriostats intended to inhibit the growth of bacteria in the presence of moisture; "(iii) disinfectants intended to destroy or irreversibly inactivate bacteria, fungi, or viruses on surfaces or inanimate objects; "(iv) sterilizers intended to destroy viruses and all living bacteria, fungi, and their spores on inanimate surfaces; or "(v) fungicides or fungistats. "(CKi) Notwithstanding any other provision of this subsection, in the Case of a small business registrant of a pesticide, the registrant shall pay a fee for the reregistration of each active ingredient of the pesticide that does not exceed an amount determined in accordance with this subparagraph. "(ii) If during the 3-year period prior to reregistration the average annual gross revenue of the registrant from pesticides containing such active ingredient is— "(I) less than $5,000,000, the registrant shall pay 0.5 percent of such revenue* "(II) $5,000,000 or more but less than $10,000,000, the registrant shall pay 1 percent of such revenue; or ^'(III) $10,000,000 or more, the registrant shall pay 1.5 percent of such revenue, but not more than $150,000.